The planning commission shall hear and permit such special approval of land uses as the planning commission is specifically authorized to pass on by the terms of this ordinance. It shall grant special approval of uses with such conditions and safeguards as are appropriate under this ordinance, or shall deny special approval of uses when not in harmony with the purpose and intent of this ordinance. Approval shall run with the land and shall not be issued for specified periods, unless the use is clearly temporary or time-related in nature. Special approval of uses shall be governed by the following.

An application for a special land use permit shall contain the following information:

1.

The section of this ordinance under which the special land use is sought.

2.

Fifteen (15) copies of a detailed site plan which shall include all the information required by this ordinance in Article 29.

3.

A description of the proposed use and existing use(s) of the property.

4.

Other information that the township may reasonably deem necessary for adequate review.

Upon receipt of a complete application, attachments and records, if any, the planning commission shall schedule a public hearing of the request. Not more than fifteen (15) days and not less than five (5) days prior to the date of the public hearing, the secretary of the planning commission shall publish a notice as provided below in a newspaper that circulates in the township and send such notice by mail to the owners of property for which approval is being considered, to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to occupants of all structures within three hundred (300) feet. The notice shall contain:

1.

A description of the nature of the proposed special land use under the specific section of this ordinance.

2.

A legal description or address and/or an approximate sketch of the property.

3.

A statement of when and where the public hearing will be held to consider the special land use request.

4.

A statement that written comments can be sent to the chairperson of the planning commission at the township offices.

Following the public hearing, the planning commission shall issue a decision on the application for a special land use. The planning commission may deny, approve, or approve with conditions, requests for special land use approval. Such decision shall include:

1.

The standards relied upon.

2.

Findings of fact.

3.

Conclusions.

4.

Approval or denial.

5.

Conditions, if any, attached to approval.

The planning commission shall make a finding that it is empowered under the section of this ordinance described in the application to grant the special approval of use and that the granting of special approval will not adversely affect the public interest, health, safety or welfare.

Before any special approval of use is granted, the planning commission shall make findings of fact based upon competent evidence certifying compliance with the specific rules governing individual special land uses, and, in addition, that the following general standards have been met. Each proposed special land use shall:

1.

In location, size and intensity of the principal and/or accessory operations, be compatible with adjacent uses and zoning of land.

2.

Be consistent with and promote the intent and purpose of this ordinance.

3.

Be compatible with the natural environment and conserve natural resources and energy.

4.

Be consistent with existing and future capabilities of public services and facilities affected by the proposed use.

5.

Protect the public health, safety, and welfare as well as the social and economic well-being of those who will use the land use or activity, residents, businesses and landowners immediately adjacent and the township as a whole.

6.

Promote the use of land in a socially and economically desirable manner.

7.

Not be in conflict with convenient, safe and normal vehicular and pedestrian traffic routes, flows, intersections, and general character and intensity of development.

8.

Be of such a design and impact that the location and height of buildings, the location, nature and height of walls, fences and the nature and extent of landscaping on the site shall not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

9.

In the nature, location, size and site layout of the use, be a harmonious part of the district in which it is situated taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationship of one type of use to another and characteristic groupings of uses of said district.

10.

In the location, size, intensity and site layout be such that operations will not be objectionable to nearby dwellings, by reason of noise, fumes, glare or flash of lights.

The planning commission shall consult the Addison Township Master Plan to determine if such proposed special land use is compatible with the future planned use of surrounding property and may limit the permit so as not to conflict with future planned land use. The duration of the permit may be limited only if such use is clearly temporary in nature.

The planning commission may attach conditions to the approval of the special land use, which may include conditions necessary to:

1.

Ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use and activity.

2.

Protect the natural environment and conserve natural resources and energy.

3.

Ensure compatibility with adjacent uses of land.

4.

Promote the use of land in a socially and economically desirable manner.

Any conditions imposed shall be recorded in the record of the special land use approval. These conditions shall not be changed except upon the mutual consent of the planning commission and the landowner.

When an application is received to expand or change the use, traffic pattern, or similar elements, the application shall be subject to the same procedures followed for an original special approval of land use.

Performance guarantees may be required by the planning commission to ensure compliance with special approval conditions.

The township planning commission may, at its discretion, notify the owner and/or operator of any violation of the conditions of approval and/or this ordinance. Upon failure of the owner and/or operator to abate said violation within five (5) days after mailing or delivering said notice, the planning commission may revoke the special land use permit.